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Justice Sonia Orders Respondent Be Served Hearing Notice in University Appeal Case

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By: Isatou Sarr

The High Court Annex in Banjul on Tuesday heard a civil appeal involving the University of The Gambia, with Justice Sonia Akinbiyi K.J.W. ordering that the respondents be served with the hearing notice, and proof of service placed in the court file.

The appeal was filed by the University of The Gambia, represented by acting registrar Bobo Baldeh, against Dr. Alieu Gibba and Professor Matarr Njie. It followed a ruling by the Kanifing Industrial Tribunal delivered on 31 January 2025.

The university challenged the tribunal’s jurisdiction and expressed dissatisfaction with its decision.

In the notice of appeal, the university argued that the tribunal erred in law by claiming jurisdiction to hear the matter, despite the Tertiary and Higher Education Act 2016, which provides dispute resolution mechanisms prior to court intervention.

The appellants also contended that the tribunal overlooked provisions granting an aggrieved party 30 days to appeal to the High Court after notification of the tribunal’s decision.

Other grounds of appeal included the tribunal’s classification of the respondents as “public servants,” despite being paid from the consolidated fund. The university also argued that the tribunal failed to rule on objections regarding the proper parties in the case, raising questions about the suit’s competence. Additionally, the appellants claimed that the tribunal’s ruling was against the weight of evidence presented.

The university asked the High Court to declare the tribunal’s decision incompetent, confirm the lack of jurisdiction, and address the alleged improper joinder of parties.

The respondents in the appeal are Dr. Alieu Dibba, based in Banjul, and Professor Matarr Njie, based in Kololi.

On Tuesday, counsel A.A. Wakawa, representing the appellants, informed the court that records of proceedings had been served on Fatimah S. Jobe of M.H.B Jallow & Co on 22 December 2025, as directed by the court. He requested 14 days to file the appellant’s brief.

Justice Sonia ordered that the hearing notice be issued to the respondents, with proof of service placed in the court file. The case was adjourned to 30 March 2026 at 10:00 a.m. for adoption.

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